1. General

 

1.1. Owner of the Service

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ChefPanel and the ChefPanel web sites (referred to hereafter as 'ChefPanel' are owned and operated by Catalyst Consultancy & Research ABN 52 082 288 720 (referred to hereafter as ‘Catalyst, 'we', 'us' or 'our').

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1.2. Acceptance of the Terms of Service

 

Your membership of ChefPanel is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service. Your ChefPanel registration constitutes your acceptance of these Terms of Service.

 

1.3. Changes to the Terms of Service

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We reserve the right to vary these Terms of Service by providing 30 days notice on this website. Because as a member of the Service you will continue to be bound by these Terms of Service, you should periodically refer to them here to review any changes.

 

1.4. Changes to the Service

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We reserve the right to vary the specifications, rates, rewards, rules, conditions and content of any aspect of the Service at any time without notice.

 

1.5. ChefPanel content

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Whilst we make every effort to ensure information or content published on ChefPanel by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content.

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Any dated information or content published by us on ChefPanel is current at the time of publication, and we are not obliged to update or amend any such information or content.

 

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2. Eligibility and Conditions of Membership

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These conditions of membership are the primary, but not the only conditions of membership. We reserve the right to terminate your membership of the Service if you breach or fail to comply with any of the following conditions of membership:

 

2.1. Eligibility to join the Service

 

2.1.1. To be eligible to join the Service, you must:

• be 18 years of age or over; or

• if you are under 18 years of age, you must have a parent's or guardian's permission to join.

• Individuals 13 years of age or below are not eligible to join ChefPanel.

 

2.2. Joining and using the Service

 

2.2.1. You may only apply for and use one membership.

 

2.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.

 

2.2.3. You must not allow any other individual to use the Service on your behalf.

 

2.3. Registered email address

 

2.3.1. You must provide a valid email address (referred to as the 'registered email address') when you register to become a member. For your membership to be considered active and valid, you must validate your registered email address by clicking on a link within an email we send to you after registration.

 

2.3.2. The email address you provide when you register must be an active email address in regular use by you.

 

2.3.3. If you ever discontinue use of the registered email address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address in the Membership section of this web site. You will be required to re-validate your new registered email address.

 

2.3.4. Your registered email address must not be the registered email address of any other member of the Service.

 

2.4. Personal and profile information

 

2.4.1. You must provide us with information about yourself, and you agree to us keeping a record of that information for as long as you remain a member of the Service. You may be required to provide personally identifiable information in the Membership section of this web site. You may be required to provide information about you that does not personally identify you in the Account Profile section of this web site.

 

2.4.2. The information you provide to us must be complete, current, correct, valid and truthful.

 

2.4.3. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided. You can do this using the Account Settings and Account Profile sections of this web site.

 

2.5. Accuracy, honesty and integrity

 

2.5.1. At all times in your dealings with ChefPanel and its partners and suppliers you must act with integrity and honesty.

 

2.5.2. When filling in and responding to online market research surveys that you have been invited to participate in by an email sent by us, you must answer questions accurately and truthfully, with carefully considered responses. You must not rush through the survey and submit partial or nonsense responses. You must not use inappropriate or profane language in your responses.

 

2.6. Unsolicited messages and spam

 

2.6.1. In these Terms of Service, 'spam' means the use of email, online message boards, online chat rooms, usenet, or an electronic messaging service to send a message which:

• is addressed to a person with whom the sender does not have an existing relationship;

• is not sent with the implied or express consent of the recipient;

• is typically, but not always, sent or posted in excess volume;

• contains information that is unsolicited or unwelcome.

 

2.6.2. You must not send unsolicited messages or spam to promote the Service.

 

2.6.3. You must not use ChefPanel or Service to send spam.

 

2.7. Unlawful use, hacking, tampering and using automated scripts

 

2.7.1. You must not use ChefPanel or Service in a way that is or for any purpose that is unlawful.

 

2.7.2. You must not use ChefPanel to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.

 

2.7.3. You must not engage in any kind of hacking, tampering, spoofing or abuse of the ChefPanel Network and any aspects of the Service.

 

2.7.4. You must not use a script, robot, software program, or other system that operates ChefPanel or Service on your behalf and outside of the intended use of ChefPanel or Service, whether it be to earn reward points automatically, post or transmit bulk messages, or otherwise interfere with the normal operation and security of ChefPanel or Service.

 

2.7.5. If you breach any of the conditions above, your membership will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.

 

2.7.6. We are under no obligation to monitor any person's use of ChefPanel or Service, however we reserve the right to monitor ChefPanel and Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

 

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3. Privacy and Security

 

3.1. Privacy

 

We take the security and privacy of your personal and profile information very seriously. ChefPanel has a Privacy Policy which should be read in conjunction with these Terms of Service.

 

3.2. Personally identifiable information

 

The information you provide in the Membership section of the ChefPanel web site includes personally identifiable information (such as your name, your email address, your residential or postal address, etc.) This personally identifiable information is never sold or shared with any third party, except:

- if you expressly agree and give us permission to do so. For example, we may pass on some details to a partner of ours if it is necessary for us to process a transaction that you request us to process, and you give us consent to do so; or

- if it is required by law.

 

3.3. Profile information

 

The information you provide in the Account Profile section of the ChefPanel web site is information about you that cannot be used to identify you personally (such as your age, gender, postcode, education, background, preferences, habits, etc.) This profile information is used by us to ensure that you only receive surveys appropriate to you, and to allow us to reach the particular type of Chefs they are targeting with our survey.

 

3.4. Aggregate basis

 

The information in your Account Profile is never shared with any third party in a way that can be used to personally identify you. It is only shared with third parties on an aggregate basis. 'Aggregate basis' means the information of many members is combined together to form one measurement or quantity that cannot be used to identify any particular person. For example, a client may be told that their survey campaign is going to be received by 500 members from across Australia from Hotels, Pubs, Clubs and Restaurants.

 

3.5. Security

 

We will take all reasonable precautions and measures to maintain the security and privacy of your personal information. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security are still possible. Therefore we cannot guarantee that your information will be completely secure, and we cannot be held liable for any loss or damage arising out of a breach of security.

 

3.6. Account password

 

You must keep your account password confidential at all times. You are responsible for all transactions made on ChefPanel with your username and password. We are not liable for any loss or damage arising out of the unauthorised use of your username and password.

 

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4. Communications from Us

 

4.1. Service emails

 

4.1.1. When you join the service you give us consent to send you emails, with or without any incentive or reward, that are necessary for us to continue to provide the Service to you. These emails (referred to as 'service emails') may include:

 

• verification or validation emails;

• account statements;

• important information or notices about the Service and your use of the Service;

• responses to a customer service enquiry you have made;

• notification or confirmation of any transaction you initiate;

• requests for additional information from you;

 

4.1.2. Because service emails are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving service emails from us is to terminate your use of the Service by cancelling your membership.

 

4.2. Survey invitation emails

 

4.2.1. When you join ChefPanel you give us consent to send you notifications or invitation emails (referred to as 'survey invitation emails' or 'surveys') to participate in online market research surveys.

 

4.2.2. We will offer to you an incentive of reward points or entries into a competition for completing the online market research surveys, taste tests or product trials. To be eligible to earn rewards for completing a survey you must attempt the survey within a specified time frame, you must complete the survey before the quota for that survey has been met ('quota' means the maximum number of respondents to a survey), and you must meet all other eligibility requirements for that survey. Due to the nature of market research, it is usually not possible to disclose up-front what the full eligibility requirements for a survey are.

 

4.2.3. Receiving survey invitation emails is a required and necessary part of full ChefPanel membership. Therefore the only way to unsubscribe from receiving survey emails from us is to terminate your use of ChefPanel by cancelling your membership.

 

4.2.4. We make no guarantee or representation as to the minimum number of survey invitation emails you will receive from us.

 

4.2.5. The rewards offered for each survey varies, depending on the length of the survey and other factors. In addition to this, the number of rewards you are eligible to earn from a survey depends on how far you progress through the survey.

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5. Redemption of Rewards

 

5.1. General conditions

 

5.1.1. In these Terms of Service, 'redemption' and 'payment of rewards' means any type of request for us to pay you or award to you a voucher or merchandise or reward points transfer in exchange for input into a survey 

 

5.1.2. At the time you make a request for redemption of your rewards, we may review the details and transaction history of your membership account, and the details of any related membership accounts, to check for any evidence of fraud or deception by you. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of rewards and take other action such as cancelling your membership account as permitted by these Terms of Service.

 

5.1.3. In clause 5.1.3., 'related membership accounts' means any membership account that referred your membership account, or any membership accounts that were referred by your membership account, or any membership account that has provided the same residential address or postal address as your account.

 

5.1.4. At the time you make a request for redemption of your rewards, we reserve the right to request from you a copy of a proof of identification document, for account verification and security purposes, before approving your request for redemption or payment of rewards. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for payment of rewards.

 

5.1.5. The rate at which you may redeem ChefPanel reward points for cash, prizes or Giftvouchers.com rewards is at our discretion, and may vary from time to time without notice.

 

5.2. Payment by Giftvouchers.com transfer

 

5.2.1. We are investigating the linking your ChefPanel membership account with your own membership account at the web site www.giftvouchers.com.au which may enable you transfer ChefPanel vouchers to Giftvouchers.com reward points.

 

5.2.2. You would only be able to link your ChefPanel account to your own Giftvouchers.com account. You must not link your ChefPanel account to someone else's Giftvouchers.com membership account.

 

5.2.3. Once transfer of your reward points is complete, your redemption of those rewards is subject to the Giftvouchers.com Terms of Service.

 

5.2.4. We reserve the right to vary at any time the rate at which ChefPanel rewards may be transferred to Giftvouchers.com reward points.

 

5.3. Payment by PayPal is also a future possibility

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6. Network and Service Facilities

 

6.1. Refer a Friend

 

6.1.1. From time to time we will undertake to Refer a friend promotions under the following terms:

• the referred person is not already a member of, and has never been a member of the Service; and

• the referred person is eligible to join and use the Service; and

• the referred person enters your ChefPanel username or registered email address in the correct field on the ChefPanel membership application form when they join, or they follow your designated  referral link which automatically includes your username in the correct field on the membership application form

 

6.1.3. You expressly acknowledge that you are not permitted to have more than one membership of the Service, and that you are not permitted to join the Service on behalf of another individual. You acknowledge that having more than one membership or joining on behalf of another for the purposes of obtaining referral reward points is considered by us to be deceptive and fraudulent behaviour, and therefore if we have evidence or reason to believe that you have acted as such we may refuse rewards, or we may cancel your membership account or the referred membership account.

 

6.1.4. We reserve the right to refuse rewards in relation to a referral if the referred account is cancelled by us or by the referred member within three months of the date of the referred member joining.

 

6.1.5. You must not make any misleading statements about the Service, or misrepresent to the person you refer, the amount of rewards and benefits they may earn from their membership of the Service.

 

6.1.6. You must not display or post your referral link or any banner or graphic promoting the Service on any website that contains any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material.

 

6.2. Competitions

 

6.2.1. We run competitions for members at various times. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with these Terms of Service.

 

6.2.2. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to have your name, venue and state published on the ChefPanel web site and in print media if you are a winner.

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6.2.3. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to provide us with a testimonial and photograph if you are a prize winner. When you provide us with a testimonial and photograph you must agree to us publishing your testimonial and photograph both on ChefPanel and in print and online media for marketing and promotional purposes.

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6.2.4. ChefPanel employees and their family members, and ChefPanel affiliates, clients, agents, suppliers, and their employees and immediate family are not eligible to enter any ChefPanel competition.

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7. Communication Facilities

 

7.1. Communication Facilities

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The ChefPanel Network contains electronic message boards ('forums'), chat rooms, electronic messaging and feedback systems, and other communication facilities which allow you to communicate with us, with third parties, and with other members of ChefPanel (referred to hereafter as 'Communication Facilities').

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7.2. Conditions of use

 

It is a condition of your use of any Communication Facility and your access to ChefPanel that you do not do any of the following:

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• restrict or inhibit any other member from using or enjoying any aspect of the Service or Network;

• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

• post or transmit any material of any kind which contains a computer virus or other harmful component;

• impersonate any other person or entity;

• solicit donations for any person or any organisation other than a registered charity.

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7.3. Penalties

 

If you breach any of the conditions relating to the use of Communication Facilities we may impose a penalty against rewards, we may suspend your access to use, and ability to post to, any Communication Facility, and we may cancel your membership of the Service.

 

7.4. No obligation to monitor

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We may from time to time monitor or review the contents of the Communication Facilities. While we reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in part) that in our sole discretion are in any way objectionable or in violation of any applicable law or these Terms of Service, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any information, content or materials, nor are we responsible for any information, content or materials posted by you or any other member of the Service or user of ChefPanel.

 

7.5. Public not private

 

You acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

 

7.6. Cooperation with law enforcement authorities

 

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information, content or materials which violate any applicable or relevant law.

 

7.7. Username

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We reserve the right to cancel any member account created with a username that in our opinion is offensive, obscene, profane or indecent.
 

 

8. Copyright

 

All content and material on the ChefPanel web site and forum and sent to you in an email by ChefPanel is protected by Australian and international copyright law, and may also be protected as a trademark, service mark, or under other rights and laws.

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Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of ChefPanel, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.

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9. Disclaimer of Warranty

 

You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:

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• the results that may be obtained through membership of the Service;

• the accuracy, reliability or otherwise of any information obtained through membership of the Service;

• the financial or other rewards which may be obtained through membership of the Service;

• the Service or Network being uninterrupted, timely or error free;

• the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.

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10. Limitation of Liability

 

You release ChefPanel, its parents, subsidiaries, and its officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

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• any emails or survey invitation email sent to you;

• your membership of the Service;

• your use of or inability to use ChefPanel;

• the quality of goods and/or services purchased by you;

• any dispute with a supplier of goods and/or services.

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11. Indemnification

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You indemnify and keep indemnified ChefPanel, its parents, subsidiaries, and its officers, employees, agents and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits caused by or arising out of or consequential upon your membership of the Service or your use of ChefPanel.

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12. Termination

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12.1. Termination

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These Terms of Service are effective and in force until terminated by us. We may terminate these Terms of Service at any time without notice.

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12.2. Cancellation by us

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We reserve the right to cancel your membership and terminate your use of the Service at any time, without cause or reason, and without notice. Specifically, we may cancel your membership and terminate your use of the Service, without notice, if you:

- breach or violate any conditions or requirements in these Terms of Service;

- act against the business interests or reputation of ChefPanel or its affiliated organisations and clients.

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12.3. Non-use

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We reserve the right to cancel your membership and terminate your use of the Service, with 7 days notice, if your membership account becomes inactive through non-use over a period of 12 months. To prevent your membership account from becoming inactive, it is sufficient to simply sign in to the ChefPanel web site on a regular basis.

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12.4. Cancellation by you

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You may choose to terminate your obligations under these Terms of Service at any time by cancelling your membership of the ChefPanel Service. This can be done in the Membership section of this web site. You will be required to enter your password in order to cancel your membership.

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12.5. Forfeit of rewards

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If your membership is cancelled, you will forfeit all of your rewards and benefits, and all outstanding redemption payments and rewards.

 

12.6. Refusal of application

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We reserve the right to refuse your application to join the Service again if we have ever cancelled your

membership of the Service in the past.

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13. Severability

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If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.
 

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14. Governing Law

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These Terms of Service shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.